Cracking the Code | Re-entry for Temporary Foreign Workers

Ninan Lawrence Published:
April 10, 2024

When a foreign national seeks to extend their Canadian work permit, they are permitted to depart Canada and return. However, upon re-entry, there are several potential scenarios that they should be aware of.

In certain instances, applicants for work permit extensions may need to return to Canada as visitors rather than temporary residents. This means they may not be authorized to continue working in Canada if they travel outside the country. Continue reading to know more about reentry as a temporary foreign worker in Canada.

Three plausible scenarios temporary foreign workers face @ port-of-entry

There are three possible scenarios upon re-entry for a temporary foreign worker, assuming that the applicant has not yet received approval for their work permit extension:

Re-entry as ‘visitor’: work permit extension applicants may be required to re-enter Canada as visitors, implying they cannot resume working until a decision is made on their work permit extension. Additionally, they may need to demonstrate to an Immigration, Refugees and Citizenship Canada (IRCC) officer that they possess adequate financial means to support themselves in Canada during this period.

Request to apply for a new work permit: work permit extension applicants might be instructed to apply for a new work permit upon re-entry to Canada. It is worth noting that IRCC does not specify whether these applicants can immediately resume working in Canada if they apply at the port of entry upon their return, or if they must wait for the new permit to be processed.

Re-entry as ‘worker’: in certain cases, IRCC officers may determine that the applicant was granted their work permit extension while outside of Canada. In such instances, the applicant may be permitted to return to Canada as a worker.

Apart from possessing the work permit, work permit holders must meet specific re-entry requirements to be allowed back into Canada. These requirements include holding either a Temporary Resident Visa (visitor visa) or an Electronic Travel Authorization (eTA). However, having an eTA or a visa, in addition to the work permit, does not guarantee re-entry into Canada, according to IRCC.

For temporary residents in Canada, the re-entry requirements vary depending on whether they are residents of visa-exempt countries or visa-required countries:

Residents of visa-exempt countries: Alongside their work permits, residents of visa-exempt countries must have a valid passport and an eTA to re-enter Canada. However, eTAs are only mandatory for those arriving by air, not by other modes of transportation.
Residents of visa-required countries: Residents of visa-required countries must have a valid visa and a valid work permit to return to Canada for work purposes. However, valid visas are not necessary for those returning directly from a visit to the United States or St. Pierre and Miquelon.

In cases where a visitor visa has expired or was only valid for a single entry, residents of visa-required countries must reapply for a visitor visa. They can use a valid visitor visa to travel to Canada until it expires.

Additionally, eligible citizens of certain visa-required countries may receive an eTA when renewing their work permit. These eTAs are valid for five years or until the passport expires and can only be used when traveling to or through Canada by air.

In summary, re-entry requirements for work permit holders vary based on their nationality and specific circumstances, and it's essential for applicants to understand these requirements before traveling outside Canada.

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